LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist

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LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
LAWN CARE AND LANDSCAPING
   IOWA SALES TAX ISSUES
          Terry O’Neill
    Taxpayer Service Specialist
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
Subject to Iowa Sales Tax?

Lawn Care?         Landscaping?
             YES
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
Taxable Lawn Care
•   mowing
•   trimming
•   watering
•   fertilizing
•   seeding
•   sodding
•   killing insects, moles, weeds, or fungi
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
What is a Lawn?
•   cemetery grounds
•   golf courses
•   parks
•   grass surrounding
    residential or commercial buildings or
    structures
                    Taxable, unless the property
                    owner is exempt.
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
What Isn’t a Lawn?
•   ditches
•   vacant lots
•   railroad right-of-way
•   isolated patch of grass
    or weeds

Care is not taxable.
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
What Property Owners
          Are Exempt?
Some examples are:
• Governmental entities
• Public schools
• Private, nonprofit educational institutions
• Nonprofit hospitals, hospices, and
  museums
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
Are All Nonprofits Exempt?
No, most nonprofit organizations are
taxable, including:
• Churches
• Most charitable organizations
• Social clubs and similar organizations
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
Does Everyone Need
      to Collect Sales Tax?

              Yes, unless:
• owner is the only one providing services;
• owner is a full-time student; and
• total gross receipts for a calendar year is
  less than $5,000.
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
QUIZ QUESTION #1

I’m mowing the grass at a church-owned
cemetery.

Do I need to collect sales tax?

Yes. Churches are taxable & a cemetery
 is considered a lawn.
LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
Landscaping Defined
• Arrange or modify
  natural condition of land
• Public or private use
  or enjoyment

            This is taxable.
Taxable Landscaping
• Excavating
• Planting
• Pruning
• Placing sand, rock,
  wood chips
What Isn’t Taxable?

• Landscape Architect
  – services separately stated and billed
  – registered under Iowa Code section 544B.2

• For a Building or Structure that is
  –   new construction
  –   reconstruction
  –   alteration
  –   expansion, or            Sales Tax
  –   remodeling
QUIZ QUESTION #2a
Construction of a new building was
completed in January. I’m hired in April to
do the landscaping.

Do I collect sales tax?

No. The service is performed in
 connection with new construction.

                                              13
QUIZ QUESTION #2b
Construction of a new building was
completed in May. I’m hired in September
to do the landscaping.

Do I collect sales tax?

Yes. The service is NOT performed in
 connection with new construction.

                                           14
What About Materials?
•   fertilizer    •   shrubbery
•   chemicals     •   bulbs
•   sod           •   sand
•   seed          •   woodchips
•   dirt          •   rock
•   trees         •   other similar items

Tax Free              if purchased
                        for resale.
Materials For Resale
• Parties agree materials sold separately
  from the service
• Definite quantity or
  amount sold for a
  specific price
• Must be itemized
  on the bill
• Sales tax is charged
  on both materials
   and labor
When Purchased For Resale
 The service provider must
  give the supplier a valid
 Iowa Sales Tax Exemption
         Certificate
Billing Materials For Resale
                                    LAWN                                        INVOICE                                      LAWN                                     INVOICE
                                    CARE IOWA                                                                                CARE IOWA

  Box 26070                                       Des Moines PH: 515-555-4008                Box 26070                                   Des Moines PH: 515-555-4008
  Van Meter, Iowa 50261-0260                      Sioux City PH: 712-555-7614                Van Meter, Iowa 50261-0260                  Sioux City PH: 712-555-7614
  PH: 515-555-2261                                Waterloo PH: 319-555-2020                  PH: 515-555-2261                            Waterloo PH: 319-555-2020

  Mrs. IMA Customer                               INVOICE NO. 743738                         URA Customer                                INVOICE NO. 743721
  Elm Street                                                                                 Main Street
                                                  CUSTOMER NO. 6-44137                                                                   CUSTOMER NO. 8-13276
  Adel, IA 54321                                               X-1-94                        Zwingle, IA 54321                                        A-2-88

DATE:                  TIME:                   APPLICATOR:                                 DATE:                 TIME:                 APPLICATOR:
    07-17-09                10 am                              Joe Worker                    07-17-09                 8 am                           Janet Worker
            PLEASE RETURN THIS PORTION WITH PAYMENT                                                    PLEASE RETURN THIS PORTION WITH PAYMENT

                                                                  AMOUNT DUE                                                                             AMOUNT DUE
    Charge:                               $ 50.00                                             Charge:                 $300.00                                 $321.00
                                                                        $53.00                6% Sales Tax:           $ 18.00
    6% Sales Tax:                         $ 3.00
                                                                                              1% Regular Local Option $ 3.00

                        DUE UPON RECEIPT OF INVOICE                                                               DUE UPON RECEIPT OF INVOICE
            Accounts that are not paid in 30 days will have a FINANCE CHARGE of 1 1/2 %                Accounts that are not paid in 30 days will have a FINANCE CHARGE of 1 1/2 %
   TERMS: per month on the unpaid balance or a minimum of 50c WHICHEVER IS GREATER ADDED      TERMS:   per month on the unpaid balance or a minimum of 50c WHICHEVER IS GREATER ADDED
            TO THE ACCOUNT. This is an annual percentage rate of 18%.                                  TO THE ACCOUNT. This is an annual percentage rate of 18%.

 Charges for Material Applied:                                                 $ 25.00        Labor Charge:                                             $100.00
 Labor and Equipment Charge:                                                   $ 25.00        Chemicals - 31 LBS:                                       $ 60.00
 Materials Applied: Fertilizer, Crabgrass control,                                            Fertilizer - 51 LBS                                       $100.00
 Broadleaf weed control                                                                       Materials Applied to Lawn - 4 Bushels                     $ 40.00
 Amount of Material Applied: 40 Gallons
Jenny’s Lawn Care        Bill’s Lawn
                                  Care
Mow, trim, labor 50.00
20 lbs. Seed      30.00     Mow, trim, seed
                  80.00                   80.00
  Local option 1% .80                 tax 5.60
    6% tax       4.80
    total due:   $85.60      Total due: $85.60

    Retailer of materials
         and labor          Retailer of taxable labor

 BUYS MATERIALS                PAYS TAX ON
   TAX EXEMPT                   MATERIALS
When retailers
     fail to itemize
Landscape Materials
   separately from
    exempt labor,
the total bill is taxable
QUIZ QUESTION #3
I don’t separately itemize materials on my
bill to the customer.

Can I buy those materials exempt from
sales tax?

No. Separately itemized bills are one
 requirement of purchasing tax free for
 resale.

                                             21
Can Landscapers be Contractors?

                   YES
When providing both labor and materials to
 build a structure, for that portion of the job.
What is a Structure?
•   retaining walls
•   lawn lighting systems
•   lawn irrigation systems
•   pools
•   walks
•   drives
•   decks
•   fences
•   fountains
•   any other item permanently
     attached to real property
Building Materials
•   concrete
•   railroad ties
•   wood
•   bricks
•   stone
•   pavers
•   pipe
•   conduit
Sales Tax When You Work as
         a Contractor
• You are the consumer of building        Supplier = pay tax
  materials.
• You must pay sales tax on all
  building materials to your suppliers.
• You must include this sales tax
  expense as part of the bid price        Customer = no tax
  for the project.
• No sales tax is charged to
  the customer on materials or labor.
QUIZ QUESTION #4
I have a contract to build a retaining wall.

Can I purchase the stones I use to
construct the wall tax free for resale ?

No. Contractors are the final consumer of
 building materials.
On Our Web Site
             www.iowa.gov/tax

• Landscaping and Lawn Care publication
• Call us: 8 a.m. - 4:15 p.m. CT
  515-281-3114 or
  1-800-367-3388 (Iowa, Omaha, Rock Island, Moline)

• E-mail us at idr@iowa.gov
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